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Calcutta High Court (Appellete Side)

Alauddin @ Alal Mondal @ Alauddin Mondal vs Unknown on 25 September, 2023

25.09.2023                              C.R.M. (A) 3928 of 2023
   SL. 29
Court No. 29
  Suvayan
               In Re: - An application for anticipatory bail under Section 438 of
 (Allowed)     the Code of Criminal Procedure filed in connection with Domkal
               Police Station Case No. 660 of 2022 dated 15.10.2022 under
               Sections 376/354C/506 of the IPC.
                                               And
               In the matter of: Alauddin @ Alal Mondal @ Alauddin Mondal
                                                                    ....petitioner.

                  Mr. Anit Dey
                                                                    ...for the petitioner.
                  Mr. Arijit Ganguly
                  Mr. Avik Ghatak
                                                                        ...for the State.

               1.

Heard learned Counsel for both the parties.

2. From the order dated 04.07.2023 passed in CRM (A) 2367 of 2023, we find that the present petitioner is on a better footing than Mostafa Sk @ Mostafa Biswas enlarged on anticipatory bail vide order dated 04.07.2023 passed in aforesaid anticipatory bail application.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, ground of parity and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that:

i) The petitioner is directed to appear before the I.O.

once in a week on the day and time fixed by the I.O. for the purpose of investigation till submission of F.F.

4. The concerned Arresting Officer is hereby directed to act upon 2 the server copy of this order.

5. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 3928 of 2023 is disposed of.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.) 3